objection was raised on the grounds already stated earlier in
this ruling.
The Supreme Court in a plethora of cases has held that where
a defendant’s statement was recorded through an interpreter,
that statement will only be admissible through such an
interpreter. That the interpreter be called not just to testify
that he had acted as an interpreter between the defendant and
the police interviewer, but must also testify as to the
question(s) he had put to the defendant on behalf of police
interview and the answers given to him by the defendant in
the defendant’s language which he had interpreted in English
language.
- Olalekan V. The State (2001) 12 SCNJ 94.
My Lord Ogundare JSC who delivered the lead judgment
summed up the position at page 109 in the following words:“Without this evidence, the prosecution would not have
proved that the statement sought to be tendered by the
interviewing police officer was more than just hearsay. It
is not for the defence to establish what went on between
the accused and the interpreter. The burden of proving
that fact, is on the prosecution and not on the defence. It is
for this reason that in my respectful view, the interpreter
must be called to testify and to elicit from him in evidence
what the accused told him that he interpreted...”
In the case of FRN V. Usman (2012) All FWLR Pt 632 P
1639, the Supreme Court held that the interpreter of a
statement made by the defendant in vernacular to the police
must be called otherwise the statement will be hearsay and
therefore inadmissible. Rhodes Vivour JSC who delivered the
lead judgment held at page 1652 as follows:-
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